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(영문) 의정부지방법원 고양지원 2017.04.27 2017고단760

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Despite the fact that the Defendant is not a narcotics handler, the Defendant, on September 2016, contained 0.05g of Mesofta (so called 'copon'; hereinafter referred to as 'copon'), which is a local mental medicine, in a single-use injection machine, and injected the Defendant’s left part of Mecopon into the Mecoper, and administered it.

2. On February 25, 2017, at around 00:00, the Defendant injected the Defendant’s left part of the instant apartment store in Seongdong-gu Seoul Metropolitan Government E apartment commercial building by inserting 0.05g philopon into a single-use injection machine, dilution with the growth water, and administered the Defendant’s left part of it.

3. On February 25, 2017, from around 23:00 to around 00:00 the following day, the Defendant injected the Defendant’s mother-friendly dwelling plan in Seoul Jung-gu by inserting 0.05g opon into a disposable injection machine, and then injected it into the Defendant’s left side side poper, and administered it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G police statement;

1. An investigation report (as for a simplified test of reagents, and the medication of narcotics on February 24, 2017):

1. Confirmation of urine testing (a simple inspection by a private person);

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (determined report on property additionally collected);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (or selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb.